Quashing of fir
The following are the charges against Mr. X :
1. He is a teacher.
2. His colleagues i.e. 05 teachers [A, B ,C ,D ,and E] have alleged [via 161 statements] that a minor girl called Ms. Z had told them that her teacher Mr. X had molested her in a running car en route home.
So they asked her to write about it in a paper. She did so, but her father took away the complaint from the teachers immediately.
Since then, Ms. Z and her parents have been repeatedly maintaining that she had neither been molested by the said teacher nor had she given any written complaint to any teacher. Further, the girl’s father had complained to his higher authorities [who are also the members of the School Managing Committee] about the Principal compelling him to give a complaint against the teacher.
3. His students [F, G, H, I via 161 statements] have complained that they had heard about the above-mentioned incident.
4. Another 3 students [J, K, L via 161 statements] have brought allegations of harassment, abuse by Mr. X.
5. Finally, another student named Ms. M in a 164 statement has alleged that the teacher Mr. X has threatened her before the class.
On the basis of the above complaints, the police arrested him u/s 354 of IPC and u/s 10/12 of POCSO on 27th July 2016. Later he was granted bail by the High Court on 1st September 2016.
QUESTION : Can he pray to the High Court to quash his case with help of an Affidavit by Ms. Z and her father, who have been repeatedly maintaining that she had neither been molested by the said teacher nor had she given any written complaint to any teacher?